Thursday, January 31, 2013

BREAKING DOWN KELLY ROGERS INDICTMENTS

As he prepares for his appearance in Judge Rusch's court on the 8th,  let's take a closer look at the indictments faced by Kelly G Rogers

In a law abiding society, a line clearly exists between right and wrong, good and evil, black and white. If a society is to enjoy law and order, people of sound mind choose to honor boundaries because it's the right thing to do.

Attorney Kelly Rogers seems to be of a sound mind. Judging from his ability to impress the average investor, one would assume he's smart enough to recognize them. Yet, after reading the indictments, it appears he simply ignored them.

Much of this reminds me of Bill Clinton during his perjury charges. He posed the now famous question; "It depends on what the meaning of the word 'is' is". Everything to Bill Clinton was some shade of gray. No right, no wrong....just shades of gray. Is this a lawyer thing, arrogance or both?

Clinton was suspended from practicing law in Arkansas and paid a $250,000 fine as a result of Monica Lewinski incident He was also disbarred from practicing law in front of the Supreme Court and he's the first sitting president to be held in contempt of court for lying under oath. So it is with arrogant lawyers.
 
I found this wonderful example to illustrate the point about Rogers.   

On July 9th, 2007, Kelly G Rogers signed an "Agreed Judgement" to settle his part in the lawsuit Sec vs. Global Finance & Investments, Inc., et al (Page 11: Rogers' fraudulent offering).

Rogers was sued for his involvement in the Level Par Ponzi scheme that he and his former partner, Richard Weyand operated. As part of the settlement, he paid a small fine, got a slap on the wrist and out the door practically unscathed.

THEN 44 DAYS LATER, HE'S AT IT AGAIN!

If you read cause 380-81034-2012, Rogers is indicted for Theft PC 31.03 F1, Securities Fraud; Article 581, Section 29 C (1) of Texas Securities Act, and Money Laundering TPC 34.02 F1.

Detailed in the indictment, Rogers appears to have walked out from signing the SEC Agreement on July 9th and 44 days later he's already got a new DEAL he's spinning to unknowing investors. He begins to accept new money on August 22nd from DFG LP and Nick Diguseppe.

Amazing...only 44 days later. I wonder if this new deal was in the works as he signed his name to the SEC agreement?

In the indictment for Security Fraud, it lists three specific charges; 
  1. Failing to disclose a lawsuit from 2/16/07 for allegedly committing violations of the federal securities act, the Securities Act of the State of Texas, common law fraud and breach of his fiduciary duties to the petitioners in connection with the sale of investments in an oil and gas venture located in the Vinton Dome in Louisiana. 
  2. Failing to disclose a 7/18/2007 lawsuit filed by the US District Court for the Eastern District of Texas styled as SEC vs. Global Finance & Investments, Inc alleging in part that Rogers violated provisions of the federal securities laws.
  3. Failing to disclose that funds invested by previous investors in Falcon Energy LLC and Buck Hamilton Series were used for purposes other than those for which said funds were invested. 
Let's see if Kelly Rogers shows up to court with an attorney as directed. It'd be appropriate if it was Bill Clinton.

4 comments:

Anonymous said...

The only missing ingredient in your breakdown of the Kelly Rogers' indictments is the fact or question as to why he is still an attorney?????? In the penal system we are deemed innocent until proven guilty, the layperson looks at this entire situation and could factually surmise "if it was so bad he couldn't practice law any longer". Based upon information and belief this is a tactic or "pitch" that Rogers has regularly used post indictment to perpetuate his fraud(s) upon the innocent. If Roger's was a licensed securities adviser, he would have been banned from future securities investments and there would be a written Order from the SEC indicating that. Since he is a "lawyer" it seems to be okay to systematically abscond with people's hard earned money and still keep your license for the over 3 years that these cases have languished in The Collin County Court System. As in the current debate over what to over gun control issues, society focuses upon the act and not the mechanism or machinations that lead up to the act. If, Roger's license to practice of law was suspended pending the resolution or disposition of the numerous felony indictments, one would think his ability to perpetuate his continued fraud(s) upon society would be significantly diminished. Have the investors that made the complaints against Roger's in the criminal cases(s) filed complaints with the State Bar of Texas? Have they made complaints to the SEC? Have they made personal complaints to the FBI?? These are all free and readily available forums to address the concerns and complaints of so many. One example, a Mckinney Chiropractor, David Allen Russell, was indicted for several egregious crimes involving sexual offenses. As a condition of bond, he has to wear a GPS Monitor, it is my understanding that in essence his practice is destroyed and the Chiropractic Board (rightfully) has taken steps to suspend his license, since many of the allegations stem from the scope of his conduct or misconduct as a chiropractor and underage patients; He is charged with First Degree Felonies, like Rogers. The point is, Russell is accused of being a pedophile, a crime which hopefully will land him in prison for the rest of his life, but how different is Roger's?? He uses his knowledge of Bankruptcy Law, Criminal Law and the law in general to economically "rape" unsuspecting individuals, that trust him primarily because he is a practicing attorney. In closing, maybe it is time that a grass roots type of movement, address the State Bar of Texas and its total lack of enforcement for people like Roger's. Do we really need a jury trial to "prove" what he did? He openly ADMITTED it in the SEC lawsuit, yet he still practices. If he were a doctor, psychologist, accountant,etc. nearly any other "professional" his license would have been revoked long ago in 1997 and that would have more than likely avoided the rampage and destruction of financial and emotional lives he is at least "accused" of.

Shining the light of truth on Kelly Rogers said...

Anonymous--you are absolutely right about everything you've said.

The Texas State Bar association has been advised on the Rogers charges. Several people have called Gene Lunt, Chief Disciplinary Counsel for the Texas State Bar Association. He can be reached at 972-383-2900. You can file a complaint about his.

We have also discussed the situation with the SEC. My belief is these charges have resulted from the SEC involvement.

The lies are catching up with Rogers and he has no way out. The research of the Bradley Dean team is the best. He has lied his way into a corner and it's just a matter of time.

Time to enjoy the show.

Anonymous said...

That is good to hear, Bradley Dean has assembled an excellent team of lawyer's and his refusal to allow the injustice of Kelly Rogers Act's to go unpunished is admirable. I know it is a matter of time.. Has anyone looked into the Football Stadium that Legacy Christian built around 5 years ago when Roger's was active and serving on the Board? There are rumor's money was funneled possibly to the construction of the stadium as Legacy was very small at that time and Kelly Roger's was apparently its biggest donor.. Hopefully Rusch throws him in jail at the next setting..

Anonymous said...

Hello KELLY!!!!!! maybe in your free time of plotting your scams, maybe you should look at what Dale Barron and The Collin County District Attorney's Office did to KAREN BOWIE.. She just received um.... 80 YEARS ON ONE CASE!!!!!!!!! Kudos to Dale Barron and the District Attorney's Office, the wheels may move slow, however they are proving to be thorough. The worst thing for Roger's is he has judge who isn't going to put up with his manipulation and shenanigans, I don't think any attorney wants Roger's case..... The day of reckoning approaches.... 80 YEARS!!!!!!!